SB0458ham003 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 11/15/2006

09400SB0458ham003 LRB094 09046 RLC 60345 a

AMENDMENT TO SENATE BILL 458

AMENDMENT NO. ______. Amend Senate Bill 458, AS AMENDED, in the introductory clause of Section 5, by replacing "Sections 1-19 and 1-20" with "Section 1-19"; and

by replacing all of Sec. 1-19 of Section 5 with the following:

"(705 ILCS 405/1-19 new)

Sec. 1-19. Applicability.

(1) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Act, any minor 17 years of age who is charged with a misdemeanor or a petty or business offense on or after the effective date of this amendatory Act of the 94th General Assembly is subject to this Act.

(2) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Act, any minor 17 years of age who is charged with a Class 4 or Class 3 felony on or after July 1, 2008 is subject to this Act.

(3) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Act, any minor 17 years of age who is charged with a Class 2 or Class 1 felony or Class X felony on or after July 1, 2009 is subject to this Act."; and

by deleting all of Sec. 1-20 of Section 5; and

in Sec. 5-120 of Section 5, by replacing all of subsections (2) and (3) with the following:

"(2) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, no minor who was under 17 years of age at the time of the alleged offense may be prosecuted under the criminal laws of this State, and minors who are 17 years of age shall be gradually brought under the protections of this Act according to the following:

(a) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, as of the effective date of this Amendatory Act of the 94th General Assembly, proceedings may be instituted under the provisions of this Act concerning any minor 17 years of age charged with a misdemeanor or a petty or business offense, and

(b) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, as of July 1, 2008, proceedings may be instituted under the provisions of this Act concerning any minor 17 years of age charged with a Class 4 or Class 3 felony, and

(c) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, as of July 1, 2009, proceedings may be instituted under the provisions of this Act concerning any minor 17 years of age charged with a Class 2 or Class 1 felony, or Class X felony.".